O controle jurisdicional de convencionalidade em matéria ambiental e sua aplicação na solução de litígios

Abstract

The present paper aims to analyse if the jurisdictional control of conventionality is an effective measure and if its application is possible in dispute settlement regarding environmental matters in Brazilian legal framework, according to the current understanding of the Inter-American Human Rights System. Thus, it discussed the relevance of having internal norms whose validity (and effectiveness) are also compatible with the international framework, whose examination is made through control of conventionality, with primary responsibility falling to Brazilian judges and courts by force of competence attributed by the various internal normative sources and in accordance with the latest interpretation of the Inter-American Court in Advisory Opinion OC-23/17. One concludes that the contemporary global reality calls for norms that accompany scientific and technological advancement without neglecting protection to the environment and to human rights. Therefore, the environmental jurisdictional control of conventionality is a possible and necessary measure to be applied in dispute settlement, aiming not only to avoid a regression in environmental matters, but also to enable and advancement towards sustainable development. The employed methodology, regarding the means, used the deductive and descriptive method, through doctrine, jurisprudential and bibliographic analysis, seeking to reach the objectives of the research. As to the ends, the research approach was qualitative.